The Indiana Court of Appeals affirmed on Friday a more than $2.4 million verdict for an Indiana farm that suffered after its crops were damaged by plant-killing chemicals.
Brothers Robert and Mark Jones operate Jones Farms, which produces seed wheat to sell to other farms to grow. For about three years, the Jones’ learned management techniques to increase grain seed yield and other desirable qualities from Ag Alumni Seed in Evansville, an organization involved in the development of new wheat varieties.
Robert eventually licensed from Ag Alumni a Purdue wheat variety called INW0412 and later acquired sole authorization of the variety after Ag Alumni stopped producing it in 2012, which permitted Robert to continue producing and maintaining seed of that variety for sale.
Meanwhile, Jones Farms executed a promissory note with agricultural formulator and distributor Helena Agri-Enterprises at a principal amount of $1.5 million and signed a credit sales and services agreement. Both of the forms were standard forms used by Helena, leaving Robert unable to negotiate the terms of the credit arrangement.
Jones Farms also contracted with Helena to spray…
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